Necessary party to suit

It would be pertinent to add the children of your deceaed father as necessary party to the suit, you can add it at the later stage when court insturcts so.

how can she alone file the suit without brining the legal heirs of your father on record. You should file an impleadement application to get arrayed as party 

If the questioned property is under joint ownership of your mother and father then legal heirs of deceased joint owner ( your father ) are necessary party in suit and without impleading legal heirs of deceased joint owner suit is not maintainable and if your mother is sole owner of  the property then no question arises to implead legal heirs of your deceased father in suit.

Were your parents the seller or the buyer?

My father and mother were buyer and the sale agreement is unregistered but notarized with register entry. So that why my lawyer do not add us and also the pre suit notice was only issued by my mother and all payments were also done by my mother account only

Yes, your mother can file the suit for specific performance on behalf of herself, especially since she was a joint party to the sale agreement. However, since your father passed away before filing the suit, his legal rights and obligations under the agreement may now vest in his legal heirs—which includes you and your sister.

 Are You and Your Sister Necessary Parties? Under Indian civil procedure, a “necessary party” is someone whose presence is essential for the court to effectively and completely adjudicate the matter. Since your father was a joint purchaser and has passed away, his legal heirs (you and your sister) may be considered necessary parties to enforce the full agreement. However, if the defendant has not raised any objection regarding non-joinder of necessary parties in their written statement or during framing of issues, the court may proceed without dismissing the suit. 

 What Happens If the Defendant Raises Objection Later? If the defendant raises the objection of non-joinder later in the proceedings, the court may: Allow amendment of the plaint to include you and your sister as parties. Direct that you be added under Order I Rule 10 of the Civil Procedure Code, which allows the court to add necessary parties at any stage of the proceedings.

So yes, you can be added later if the court finds it necessary for complete adjudication.

In the given facts, in my view, the legal heirs of the deceased need not be parties to the suit for specific performance.

I also want on clarification whether a proper opportunity will be given to add the party or court will simply dismiss suit without giving opportunity to plaintiff the party?

I also want to ask the if necessary party are not added can court grant the alternative relif of return of sale consideration which was given by my mother and admitted by defedant in written statement?

The property is still in the name of the vendor (seller) which is yet to be transferred in the name of your father (since deceased) and mother as stated by you.

After death of one of the two buyers, it is between surviving vendee (buyer) and seller to honour their commitment.

However, if sale transaction has already been complete legal represetatives of deceased shall be a necessary party which includes his wife and children despite her own share.

It is better to consult a local prudent lawyer for proper analyses of the facts/ documents, professional advise and necessary proceeding.

Originally posted by : Raksh*t Rana
	I also want on clarification whether a proper opportunity will be given to add the party or court will simply dismiss suit without giving opportunity to plaintiff the party? I also want to ask the if necessary party are not added can court grant the alternative relif of return of sale consideration which was given by my mother and admitted by defedant in written statement?

Why are you so insistent that, in the absence of you and your sister  being added as parties, the suit filed by your mother be dismissed?